Farms and Estates Disputes

"They were extremely helpful and delivered everything you could ask for on time. They were prompt, helpful and friendly."

Chambers UK High Net Worth, 2018

Family farms and landed estates often fall front and centre in inheritance disputes and we have considerable expertise in representing clients in these types of matters.

The courts have recently seen a spate of cases pivotal to which is a purported reliance by an adult child on a promise from one or both of their parents that one day the farm or landed estate in question will be theirs. If then on the parent’s death they go back on their promise and bequeath the farm or estate to another sibling (or third party) then the earlier assurance gives rise to a potential claim on the basis of what is known as a proprietary estoppel. If such a claim is successful the court has a wide discretion as to appropriate remedy including making an order giving effect to the adult child’s expectation as a consequence of the assurance given.

Parties involved in disputes over family farms and landed estates may also claim under the Inheritance (Provision for Family and Dependants) Act 1975 (which enables certain categories of people who were financially dependent on the deceased prior to death to bring a claim for reasonable financial provision from his or her estate) or claim a constructive trust (a trust arising in circumstances whereby it would be unconscionable for the beneficiary to be denied an interest by the other person).

We have an excellent track record in these types of cases and although it may be necessary to go to court in some instances, we are also able to assist the family in reaching a satisfactory resolution without having to go down this route. In each case, we will weigh up the individual needs and circumstances of our clients, and tailor our approach accordingly.

Our leading family team are also extremely experienced in dealing with Farms and Landed Estates in the context of divorce.

What clients and directories say

"adopts an easy and collaborative style which is a great catalyst to case preparation and ultimately a successful outcome for its clients"

Legal 500 UK, 2019

Kingsley Napley have "really penetrated the market" and are "becoming an established player in this area."

Chambers UK High Net Worth, 2018

"a strong private client team with some real strength in the contentious trust area." 

Chambers and Partners HNW Guide UK, 2018

“Kingsley Napley is becoming a significant player in this area…..The team has considerable expertise in areas such as undue influence claims, validity claims, and complex cross-border asset- and people-tracing cases, as well as professional negligence claims relating to wills and trusts”

Legal 500, 2017

"They always produce consistently high quality work and I feel they have the ability to deal with complex and sophisticated disputes"

Chambers UK High Net Worth, 2017

 

 

 

 

 

 

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